Rehearing denied.
The stipulation in the trust-deed as to the payment of the surplus, if any, to Mrs. Currier, should not be held to necessarily estop the husband from claiming the property. What was said in the opinion in Hoeck v. Greif et al., 142 Cal. 119, as to a similar question was not necessary to a decision therein, and, in our view, is not a correct statement of the law.